Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Bureau of Fire Services
Organization, Operation, and Procedure
Part 5 - APPENDICES
Section R. 29.3501 - Appendices A, B, and C

Universal Citation: MI Admin Code R. 29.3501

Current through Vol. 24-16, September 15, 2024

Rule 501.

(1) Appendix A reads as follows:

APPENDIX A

AGENDA

1. Start of meeting - review agenda

2. Disposition of minutes

3. Executive secretary report

4. Unfinished business

5. New Business

6. Old appeals

7. New appeals

8. General public input

9. Adjourn

(2) Appendix B

reads as follows:

APPENDIX B

APPEAL REQUEST PROCEDURE 1/80

Section 3(c) of Act No. 207, PA 1941, as amended, provides that "The Board shall act as a hearing body in accordance with Act No. 306 of the Public Acts of 1969, as amended, to review and render decisions on a contested case, a fire safety rules specified in this act, or ruling of the state fire marshal in the marshal's interpretation or application of the rules. When properly appealed to and after hearing, the board may vary the application all a fire safety rule or may modify the ruling or interpretation of the state fire marshal when the enforcement of the ruling or interpretation would do manifest injustice and would be contrary to the spirit and purpose all the rules or the public interest." The board is therefore not empowered to grant an exemption to a rule, but seeks to ascertain that allow all of protection at least equal to that requested by the rules will be accomplished. Section 3(c) of Act No. 207, PA 1941, as amended, states that, in part: "A person may request a variation of the application of a rule promulgated pursuant to this act by application to the state fire marshal. the state fire marshal may make the variation upon a finding that the variation does not result in a hazard to light or property." the case may not be appealed to the State Fire Safety Board until written application for a variation has been reviewed and indicted by the State Fire Marshal. The appeal to the State Fire Safety Board is limited to the circumstances, proposals, and evidence presented to the State Fire Marshal. The board may only vary rules which trauma gates and has no authority to vary other rules or laws. A request for an appeal hearing shall be in writing and shall be delivered to the office of the State Fire Safety Board, General Office Building, 7150 Harris Drive, Lansing MI 48913, by mail or other suitable means, subject to the following conditions:

1. The request shall include:
a. A copy of the variation request sent to the State Fire Marshal.

b. A copy of the State Fire Marshal's letter of denial.

c. A concise statement of the reason(s) the State Fire Marshal's application or interpretation of the rule should be modified.

2. Appeals must be received in the office of the State Fire Safety Board within sixty days following the date of the State Fire Marshal's letter of denial and not less than 10 days prior to the board meeting date. Appeals will be scheduled according to time available at the next scheduled board meeting. Exceptions to the time limitations may be made, on an individual basis, or unusual circumstances.

3. Upon receipt of a request for appeal, the office of the State Fire Safety Board shall examine the appeal and determine the following:
a. Whether the board has jurisdiction.

b. Whether the information provided meets the requirements of paragraph 1.If any information is not provided, or yet the information provided is not clear, the office of the State Fire Safety Board may require additional information prior to scheduling an appeal hearing.

4. When a case is determined as meeting the prerequisites and is excepted for hearing, the appellant shall be so notified by written communication, which shall also specify the date, time, and location of the hearing.

5. The appellant or a designated representative, except as provided in paragraphs 6 and 7, must be present at the hearing and will be given an opportunity to fully present the case; except that the board may exclude incompetent, immaterial, or repetitious evidence.

6. A hearing may be conducted based on written documents presented by the appellant and/or State Fire Marshal, with no verbal testimony being taken, if this is agreed to buy the board and interested parties prior to the hearing.

7. If either party fails to appear for schedule appeal hearing, and if no adjournment has been granted, the board may proceed with the hearing and make its decision in the absence of the party.

(3) Appendix C reads as follows:

APPENDIX C

SCRIPT FOR APPEAL HEARINGS

EXECUTIVE SECRETARY: (Introduce self)

This is the time, date and location established for the hearing of the state fire safety board appeal number ..... , the appellant being ......

This hearing will follow a formal script and will be conducted in compliance with the administrative procedures act of 1969. All parties desiring to speak shall be permitted to do so.

Exhibits shall be identified in entered into the record.

Cross-examination shall be permitted.

The presiding official of this hearing is .....

The chair will govern the proceedings and will recognize each spokesperson by stating his or her name. The proceedings will be recorded. The speaker will be interrupted if the recording secretary is unable to hear or understand what is said. Mr. chairman will you please call the meeting the order?

CHAIRMAN: This hearing is called order. It is . . . . AM - PM,

. . . . . , . . . 19 . .

The executive secretary will now identify the principals in the case, state their affiliations, establish the issue of appeal, enter into the record materials pertinent to the case, and identify and enter into the record any exhibits the appellant or administration agency wished to present.

EXECUTIVE SECRETARY:(Introduce)

Representatives of the appellant

Representatives of the administration agency

Guests

The board

Establish the issue of appeal

Identify:

Pertinent materials

Exhibits

Construction and occupancy status

Is the project proposed, under construction, or completed?

What is the type of construction?

The number of stories?

Is there a basement?

Please identify the portion of the facility involved.

How many persons in the building or area to serve?

CHAIRMAN: Will the principal spokesman for the administration agency briefly described the conditions which resulted in the action taken by your office?

Does the appellant wished to question the statements made by the administration agency?

Does the board wish to question statements made up to this point?

The spokesperson for the appellant may now proceed with evidence in the testimony germane to the support of your position in requesting the modification.

Does the administration agency wish to question for comment on statements up to this point?

Does the member of the board have questions or wish to comment regarding the issue?

Is there any testimony, evidence or fact pertinent to the issue which is not been presented or are there any questions remaining to be answered?

(At this point the chairman will summarize the points which have a bearing on the issue.)

CHAIRMAN: If there is nothing further to be presented we wish to thank you or your presentation. The board will carefully consider all of the evidence in testimony in reaching a conclusion in you will be notified of the decision by certified mail.

This hearing stands adjourned at . . . . am pm.

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